Key Insight: Court ordered defendants to produce “an exact computer disc copy of the actual Quickbooks program used by Defendants to compile their data”
Nature of Case: Construction litigation
Electronic Data Involved: Quickbooks program
Key Insight: On defendants’ motion for a new trial, court concluded that jury was properly instructed that it could make an adverse inference against Microsoft with regard to relevant email that was not produced until the day before trial
Nature of Case: Patent infringement
Electronic Data Involved: Email
Key Insight: Where forensic inspection of plaintiff?s laptop and disks showed evidence of tampering, including: deleted files, system date and time manipulations, access histories showing that various relevant documents were accessed after court?s order and before plaintiff?s second deposition, and other fragments of relevant documents and emails that had not been produced, and plaintiff’s explanations “verge[d] on the absurd,” court found that plaintiff had engaged in an egregious pattern of misconduct, dismissed complaint with prejudice, and invited defendant to submit an application for costs and attorneys? fees
Nature of Case: Wrongful termination
Electronic Data Involved: Laptop; drafts of plaintiff’s resume
Key Insight: Court ordered production of handwritten worksheets used to compile database in light of demonstrated data entry errors that made accuracy of database printouts suspect; court also sustained objection to request for “all electronic data concerning RNC arrests” as impermissibly vague
Nature of Case: Litigation arising from arrests during 2004 Republican National Convention
Electronic Data Involved: Worksheets underlying database
Key Insight: Court’s preliminary injunction included the following provision: “Pending resolution of this litigation, the Defendants shall not destroy, delete, or alter electronically stored file information.”
Nature of Case: Plaintiff claimed damage to its goodwill and business reputation based upon Internet postings regarding a particular vehicle
Electronic Data Involved: ESI
Key Insight: Where defendant did not produce a particular email in response to interrogatories or document requests and it only came to light during a deposition a few days before the close of all discovery, court granted plaintiff’s motion for sanctions under Rule 37(c)(1) and ordered that defendant be precluded from offering in evidence any and all documents not timely produced during discovery, including the subject email, and from offering the testimony of any witness with respect to the email or any other documents not timely disclosed
Electronic Data Involved: Email
Key Insight: Court granted defendant’s motion for reconsideration and clarification of order extending discovery cut off, confirming that defendant would be allowed to engage in limited discovery in order to rebut plaintiff’s evidence of software usage documented in plaintiff’s spreadsheets, and to explore the source data for entries on the spreadsheets
Nature of Case: Plaintiff sought damages stemming from defendant’s use of plaintiff’s claims software
Electronic Data Involved: Spreadsheet
Key Insight: Where plaintiff alleged that Wal-Mart Pharmacy wrongly filled a prescription for a drug to which she was allergic, and that Wal-Mart’s computer system would have listed plaintiff’s drug allergies, flashed a warning and required further protocols before the drug could be dispensed to plaintiff, court granted motion to compel production of the computer used by the pharmacist (on August 4, 1993) and any reports or logs relating to the computer’s repair, maintenance or malfunction
Nature of Case: Personal injury
Electronic Data Involved: Computer used by particular Wal-Mart Pharmacy in 1993 and reports or logs relating to computer’s repair, maintenance or malfunction
Key Insight: Court found that the computerized claim file was clearly relevant, irrespective of whether plaintiffs intended to use the documents or not in the litigation, and ordered plaintiffs to produce the complete claim file, including hard copies and electronic documents, to the extent such documents were not privileged or prepared for the sole purpose of “probable” or “imminent” litigation
Nature of Case: Insurance coverage
Electronic Data Involved: Electronic claim file
Key Insight: No abuse of discretion to impose terminating sanctions against plaintiff after years of “discovery stonewalling” which culminated in the intentional destruction of evidence; plaintiff “regularly and routinely” disobeyed trial court orders and intentionally destroyed relevant accounting records on hard drive that was to be mirror imaged
Nature of Case: Misappropriation of funds
Electronic Data Involved: Accounting files on hard drive
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